Research On The Establishment Of Guardianship Contract System In China

Countries about the regulation of adult guardianship system is derived from the early Roman law rules.By the late 20 th century,developed countries based on the aging of the social status of their adult guardianship system,perfect the guardianship system by arises at the historic moment.And the development of the guardianship in our country by began in 2013,the protection of old people's rights,including pension "agreement" means are put forward.On March 15,2017 by the civil law general principles of the will of the guardianship system by formal rules in civil legislation in our country.By monitoring system will become the important content of our country adult guardianship system,is the innovation of the traditional adult guardianship system in China.Throughout the current legislative situation,however,that of the guardianship system in our country is by the provisions of the general,principled,and as an important content of the guardianship system by means of monitoring contract is in a blank area in the legislation.In view of this,the author of the guardianship by contract as issues are discussed in this paper,makes a concrete idea of the guardianship by contract,make it have the function of the operational in practice.This paper will be that of the supervision contract system by the basic theory as the starting point.The first chapter of the guardianship contract by analysis of the basic connotation and the legal nature of clear of the guardianship by contract essence is a kind of the agency appointment contract at any time.And to that of the supervision contract system and related system by comparative analysis,in order to clear the particularity of the guardianship by contract and so cannot be replaced by other relevant system.To that of the supervision by the basic theory of contract,to clarify the basic structure of the guardianship by contract and special.The second chapter elaborates on the relevant provisions of the guardianship of the contract system of common law and civil law countries and the relevant provisions of the comparative analysis,combined with China's actual situation,summed up the experience for our reference.The third chapter falls into the construction of the system of our country "s monitoring contract.In view of the situation that our country is in the legislative blank in this respect,first of all,we should make the arrangement of the legislative style of the custody contract and make the basic principles of the guiding ideology.Guardianship as a special contract type,in the general principle of the contract law,the contract,the scope of the contract,the contract rights and obligations are special,and in order to safeguard the contracted obligations and to achieve the purpose of the contract.To establish the supervision mechanism of the intended supervisor to protect the rights and interests of the guardian.The author will carry on the elaboration to these special places,in order to construct our country to set up the guardianship contract system to provide several suggestions.